Agenda item

To consider the planning applications contained in the list.

 

The Committee considered the applications in the *Plans List. 

 

Note: *List previously circulated and attached to the minutes

 

a)    Application 22/01377/CLU - Certificate of Lawfulness for the existing use or development for the occupation of the dwelling by anyone without restriction at Higher Coombelands, Knowle, Cullompton.

 

The Planning Officer outlined the application by way of a presentation which highlighted block plan, the original condition J, the approved plans, first floor elevations, south elevations, west elevations and photographs of the site.

 

The Officer explained that the Committee would need to determine if the breach of planning control was in excess of 10 years and if so enforcement was not legally an option.

 

In the case of applications for existing use, if a local planning authority had no evidence itself, nor from any others, to contradict or otherwise make the applicants version of events less than probable, there was no good reason to refuse the application, provided the applicant’s evidence alone was sufficiently precise and unambiguous to justify the grant of certificate on the balance of probability.

 

In response to public questions the Officer did not think there was deception and there had been no objections raised during the period of public consultation.

 

Consideration was given to:

 

·         The Planning Officer had carried out a site visit

·         There had been no previous enforcement cases within the 10 year time limit

·         Officers did not see the application as a concealment as the property was openly on view and not being hidden

·         A Certificate of Lawfulness was different to Planning Policy and any enforcement period had passed

·         The views of the Applicant who stated it was a detailed application which was not to be assessed against Planning Policy and that the matters set out were true. It would be unreasonable not to grant the Certificate of Lawfulness

 

It was therefore RESOLVED that the Certificate of Lawfulness be granted as recommended by the Development Management Manager.

 

(Proposed by Cllr B G J Warren and seconded by Cllr D J Knowles)

 

Reason for the decision: As set out in the report

 

Notes:

 

·         Cllrs P J Heal, Mrs F J Colthorpe, J Cairney, Mrs C Collis, L J Cruwys, Mrs C P Daw, B Holdman, D J Knowles, F W Letch, R F Radford and B G J Warren all made declarations in accordance with protocol of Good Practice for Councillors dealing with planning matters as they knew Cllr E J Berry

·         Cllr B G J Warren made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had received correspondence from members of the public

·         Ms K Berry spoke as the Applicant

·         Cllrs B Holdman, F W Letch and L J Cruwys requested that their abstention from voting be recorded

 

b)   Application 22/01718/MFUL - Variation of condition 2 of planning permission 17/01509/MFUL (Erection of 39 dwellings following demolition of existing garages and adjacent substructure, together with bike storage, underground car parking, landscaping and associated works) to allow substitute plans relating to external materials and colours and basement car park screens at Land and Buildings at NGR 295350 112455 (Rear of Town Hall), Angel Hill, Tiverton.

 

The Area Team Leader outlined the application by way of a presentation which highlighted an aerial image, approved site location plan, approved site plan, block e south elevation, west and east elevations.

 

The Officer explained the reason for the variation was that there had been issues of the supply of red bricks and matching them to existing materials on site. The change in materials now mimicked an already approved block on site for colours and materials. The variation also proposed to replace the approved hit and miss brickwork ventilated screens in the car park with grey-brown coloured powered coated aluminium louvers.

 

Consideration was given to:

 

·         If the applicant was not 3 Rivers Developments Ltd the application would have been delegated and not brought before committee

·         The render and brickwork variation was retrospective but the louvre panels were not

·         The views of the Town Council who stated that the variation was retrospective and had taken over 18 months to come before committee and that the louvre doors distracted from the original design and would see an increase in vehicle emissions

·         There had been no objections from Public Health on the impact of vehicle emissions due to louvre doors being installed

·         The louvre doors had been designed so that mechanical ventilation would not be required in the underground car park and would benefit both residents of the development and adjoining properties

 

It was therefore RESOLVED that planning permission be granted subject to conditions as recommended by the Development Management Manager.

 

(Proposed by the Chairman)

 

Reason for the decision: As set out in the report

 

Notes:

 

·         Cllrs Mrs C P Daw and L J Cruwys made declarations in accordance with protocol of Good Practice for Councillors dealing with planning matters as they were Members of Tiverton Town Council and were both Ward Members

·         Cllr D J Knowles made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was a Member of Tiverton Town Council and knew some of the objectors

·         Cllr B G J Warren made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had been contacted by objectors

·         Cllr B Holdman made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was a Member of Tiverton Town Council and had been contacted by objectors

·         Cllr P Elstone spoke on behalf of Tiverton Town Council

·         Cllr B Holdman requested that his vote against the decision be recorded

·         Cllrs L J Cruwys and J Cairney requested that their abstention from voting be recorded

 

c)    Application 21/01552/MARM - Reserved matters for the erection of 20 dwellings with details of access, appearance, landscaping, layout and scale following outline approval 18/02019/MOUT at Land at NGR 295508 103228 (Silverdale), Silverton, Devon.

 

In response to questions asked by the public the Area Team Leader stated that:

 

·         The design of trees and footways would be for Members to discuss

·         Condition 6 currently required 6 – 12 months of percolation testing if the surface water drainage was going to be dealt with on site. As it had now been established that the surface water drainage would be dealt with offsite the requirement to test was no longer valid.

·         Members would discuss Construction Traffic

·         The Application was compliant to Policy

·         The pavements were 2 metres wide and dropped kerbs were included

 

The Area Team Leader outlined the application by way of a presentation which highlighted an aerial image, site location plan, site plan, plans and elevations of individual plots, site sections and photographs of the site.

 

The Officer explained that the reserved matters contained details of access, appearance, landscaping, layout and scale following outline approval. He acknowledged that there was a lot of local objection but the application submitted was satisfactory and the principal of development had been established through the outline application.

 

Consideration was given to:

 

·         The final materials used, including slate roofs would be dealt with by Condition 2

·         Police concerns had been addressed by a Condition that ensures suitable boundary treatments were put in place

·         The views of the objector who stated that the height of the houses overlooking the existing bungalows had not been considered, there were width restrictions on the roads leading to the construction access point, local concerns with access to and from Tiverton Road and that the oldest village in the district should be protected

·         The views of the agent who stated that the principal of development had been established and that the developer had worked hard to address the concerns of local residents. 7 affordable houses would form part of the application.

·         The views of the Ward Member who had called in the application so that the local public could have their say, did the application demonstrate best design practices, the lack of specification in materials to be used and the impact on traffic in the local area

·         Some Members concerns with regard to lack of proposed parking and the impact of surface water drainage

·         Confirmation that the application proposed in excess of minimum car parking requirements and was policy compliant

·         The surface water would be now dealt with via attenuation ponds which would disperse into the main drains in a controlled manner and were approved by the Flood Authority

 

 

It was therefore RESOLVED that the reserved matters be approved subject to conditions as recommended by the Development Management Manager.

 

(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr Mrs C P Daw)

 

Reason for the decision: As set out in the report

 

Note:

 

·         Cllrs D J Knowles, P J Heal, Mrs C P Daw, Mrs C Collis and R F Radford all made declarations in accordance with protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence

·         Cllr B G J Warren made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had represented the Authority at appeal

·         Cllr F W Letch left the room at 3.50pm and took no part in the discussion or vote

·         Mr Grimes spoke as the objector

·         Mr Lethbridge spoke as the agent

·         Cllr J Wright spoke as the Ward Member

·         Cllrs L J Cruwys, B Holdman and J Cairney requested that their abstention from voting be recorded

 

d)   Application 22/00969/MOUT - Removal and/or variation of Conditions 5, 6, 7, 8, 9 and 10 of Planning Permission 18/02019/MOUT Outline for the erection of 20 dwellings at Land at NGR 295508 103228 (Silverdale), Silverton, Devon.

 

The Area Team Leader explained that a S106 Agreement had been agreed at outline planning stage but this would now require a deed of variation.

 

Conditions 5, 6, 7, & 8 were regarding drainage and the need for tests to be carried out if the surface water drainage was to be dealt with on site. It had now been established that the surface water drainage could not be dealt with on site so these tests were no longer required. The applicant had provided details of the new surface water arrangements and the Flood Authority had been consulted.

 

Conditions 9 & 10 required the provision of a Construction Management Plan which had now been provided by the applicant.

 

The Area Team Leader outlined the application by way of a presentation which highlighted an aerial image, contractor’s compound and parking area, construction phase drainage, foul and surface water drainage, drainage layout plan and photograph’s of the site.

 

The Officer explained that although there were 3 possible routes into the site only 1 was suitable for construction traffic and there had been no concerns from the Highways Authority.

 

Consideration was given to:

 

·         The Developer had an agreement with the land owner for the compound and parking area

·         The access into the site had been approved at outline and was for residential use and not construction traffic

·         The use of Banksmen had been conditioned for safety

·         The issue of mud on roads had been dealt with in the Construction Management Plan

·         The Agent who stated that the change of conditions was to catch up with the reserved matters already approved. The construction was due to start in spring 2023 and take about 12 months and that the roads and drainage would be built out first

 

It was therefore RESOLVED that  removal and/or variation of Conditions 5, 6,7, 8, 9 and 10 of Planning Permission 18/02019/MOUT be granted subject to conditions as recommended by the Development Management Manager and:

 

·         A Deed of Variation for the S106 Agreement be signed

·         An amendment to the Construction Management Plan that the construction access, compound and car park area be reinstated back to original and a timescale added for doing so

 

(Proposed by Mrs F J Colthorpe and seconded by Cllr Mrs C Collis)

 

Reason for the decision: As set out in the report

 

Notes:

 

• Cllrs D J Knowles, P J Heal, Mrs C P Daw, Mrs C Collis and R F Radford all made declarations in accordance with protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence
• Cllr B G J Warren made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had represented the Authority at appeal
• Mr Lethbridge spoke as the Agent
• Cllrs B Holdman and L J Cruwys requested that their abstention from voting be recorded

 

 

e)    Application 22/01554/MFUL - Erection of external heat pump systems and solar car port, installation of photovoltaic panels to existing roofs and erection of shelter over skate park at Lords Meadow Leisure Centre, Commercial Road, Lords Meadow Industrial Estate.

 

The Area Team Leader outlined the application by way of a presentation which highlighted an aerial image, a site location plan, proposed block plan, parking roof module plans, external biomass store, site roof plan, site views and photographs of the site.

 

The Officer explained that the Flood Authority had raised no objections but requested that the surface water drainage be considered which had been completed. Public Health had noted that the heat pumps were at ground level but were not near any residential properties and had no objections.

 

Consideration was given to:

 

·         The heights of vehicles using the parking spaces and that there were alternative spaces available for larger vehicles

·         The overall support from Members who welcomed the proposals

 

It was therefore RESOLVED that planning permission be granted subject to conditions as recommended by the Development Management Manager

 

(Proposed by Cllr J Cairney and seconded by Cllr F W Letch)

 

Reason for the decision: As set out in the report

 

·         Cllr F W Letch returned to the meeting at 4.58pm and before the item was presented and was able to take part in the discussion and vote

·         Cllr J Cairney made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was a member of the leisure centre and was Ward Member

·         Cllr D J Knowles made  a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was the Cabinet Member for Community Wellbeing and the Leisure Centres were in his portfolio

·         Cllr R F Radford made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was a registered carer who had free access to the Leisure Centres